W.A(MD)No.896 of 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 16.03.2022

(Reserved on 09.03.2022)

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

W.A(MD)No.896 of 2016

and

CMP(MD)No.5386 of 2016

The Secretary,

Chittal Achi Memorial Elementary School,

Kandanoor,

Karaikudi Taluk,

Sivagangai District.

... Appellant/4^th Respondent

vs.

1.Tmt.V.Manimegalai,

6-7/20(B), Bharathi Street

Sri Ram Nagar,

Kottaiyur Post,

Karaikudi Taluk,

Sivagangai District.

... Respondent/Petitioner in W.P

2.The District Elementary Educational Officer,

Sivagangai,

Sivagangai District.

3.The District Educational Officer,

Devakottai,

Sivagangai District.

4.The Assistant Elementary Educational Officer,

Sakkottai Union,

Kailasanathapuram, Karaikudi,

Sivagangai District.

... Respondents/Respondents

Appeal filed under Clause 15 of Letters Patent, against the

order dated 26.04.2016 in W.P(MD)No.4134 of 2008.

Prayer in WP(MD). 4134/ 2008 :

Writ Petition is filed under Article 226 of the

Constitution of India, praying this Court to issue a writ of

certiorarified mandamus in the natrue of writ calling for the

records pertaining to the notification published by the fourth

respodndent in Dinamalar newspaper dated 23.3.2008 in so far as one

post of Secondary Grade Teacher meant for Most Backward Class

community and quash the same and direct the respondents to appoint

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W.A(MD)No.896 of 2016

the petitioner as Secondary Grade teacher as per Rule 15(4) of the

Tamil Nadu Recognized Private Schools (Regulation) act.

For Appellant : Mr.AR.L.Sundaresan, Senior Counsel for

Mrs.A.L.Gandhimathi

For R1

: Mr.V.Paneer Selvam

For R2 to R4

: Mr.A.Kannan, Additional Government Pleader

JUDGMENT

R.SUBRAMANIAN, J.

AND

N.SATHISH KUMAR, J.

The 4^th respondent in W.P(MD)No.4134 of 2008 is on appeal,

aggrieved by the order passed in the said writ petition, quashing

the publication made in Dinamalar Newspaper dated 23.03.2008,

calling for applications from candidates belonging to Most Backward

Class community for appointment as a Secondary Grade Teacher in the

4^th respondent school and the direction to appoint the writ

petitioner as a Secondary Grade Teacher under Section 15(4) of the

Tamil Nadu Recognised Private Schools (Regulations) Act, 1973.

2.

The writ petition came to be filed seeking a Writ of

Certiorarified Mandamus, to quash the publication made by the 4^th

respondent in the writ petition on 23.03.2008, calling for

applications from candidates belonging to Most Backward Class

community for being appointed as Secondary Grade Teacher in the

school and for a direction to appoint the writ petitioner in the

said post.

3.

The parties will be referred to by their rank in the writ

petition.

4.

The case of the petitioner is that she was appointed as a

Secondary Grade Teacher in the available vacancy on 07.09.1990 with

the prior approval of the 2^nd respondent dated 18.06.1990. While so,

the 2^nd respondent stopped payment of salary to her on 13.12.1990.

It is stated that her appointment was recorded in the service

register opened by the 4^th respondent which was also attested by the

3^rd respondent on 07.11.1990. It is the claim of the petitioner that

even though she was not paid salary, the Management assured that

they will pursue the matter with the authorities and ensure that she

is paid salary. She therefore continued in service. It is also

stated that she was offered employment as a Secondary Grade Teacher

in the Panchayat Union Middle School, Warapur, on 05.12.1990. She

would claim that she could not join duty, since the 4^th respondent

school failed to relieve her. Subsequently, one Tmt.Saroja, a

Secondary Grade Teacher, working in the 4^th respondent school,

retired by superannuation on 31.03.1992 and